Legal Question in Business Law in California

A company I almost did contracting for is now using my name in their website without my permission. I never worked for them.

I am a software developer and I have 4 apps in the android marketplace, I have 2 software engineering websites and I feel they tried to use my name so they could look good to potential customers. I feel I deserve compensation, can I sue them?

Asked on 6/11/13, 7:12 pm

5 Answers from Attorneys

Phillip D. Wheeler, Esq. Phillip D. Wheeler, Attorney At Law

Yes. You can sue them for appropriation of likeness for business advantage.

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Answered on 6/11/13, 7:14 pm

Joel Selik


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Answered on 6/11/13, 7:15 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I agree that the answer is yes, but I disagree with Mr. Wheeler's theory of the company's liability. I also question whether you could sue for compensation. More likely, your suit would be a simple action to cease using your name; I'm rather skeptical that you could get damages unless, of course, you can prove that you've actually suffered some amount of dollarizable financial harm.

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Answered on 6/11/13, 8:19 pm
Kelvin Green The Law Office of Kelvin Green

I agree that there is a guess that a strongly worded letter would get their attention. I think that damages would be difficult to prove but you certainly could do a cease and desist letter

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Answered on 6/11/13, 8:55 pm
John Laurie Gertz and Laurie

Yes you can. Would like to know more before I comment on damages.

This gratuitous response does not create an attorney client relationship. The advice provided herein is generic, may not apply to your circumstances and is not to be relied upon in your actions. An attorney client relationship is created only upon execution of an engagement letter hiring me or my firm.

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Answered on 6/11/13, 11:01 pm

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